At a sentencing hearing before United States District Judge John D. Rainey, Smart was sentenced to 18 months in federal custody, followed by two years of supervised release. Smart was also ordered to pay restitution to Costal Bend College in the amount of $127,541.85.

On Nov. 24, 2008, Smart pleaded guilty to embezzling from Costal Bend College, an organization receiving federal funds, admitting that while he was employed as the business manager at the college he stole more than $127,000 from the college's general fund. Costal Bend College is an organization which receives millions of dollars in grants and other aid from the United States Department of Education each year, which are deposited into the college's general fund account. As the business manager and financial officer of Costal Bend College, Smart had access to this general fund account. Between Feb. 4, 2008, and the discovery of his scheme on April 22, 2008, Smart used electronic fund transfers to move the embezzled funds from Costal Bend College's general fund account to a personal bank account under his control.

Smart was remanded to the custody of the United States Marshals Service following today's hearing.

The case was investigated by agents from the FBI, the U.S. Department of Education-Office of Inspector General and the Bee County Sheriff's Office. The case was prosecuted by Assistant United States Attorney Robert D. Thorpe Jr.